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Discrimination at school

Information about unlawful discrimination in schools and what you can do if you experience it.

It is unlawful to discriminate against you at school because you have a characteristic that is protected by law.

NSW law does not allow discrimination in education because of:

  • sex (including pregnancy and breastfeeding)
  • race
  • age
  • marital or domestic status
  • disability
  • homosexuality
  • transgender or transsexual status, or
  • carer's or family responsibilities.

Sometimes it is not illegal for a school to discriminate against your school.

For example, a school can refuse to enrol your child where:

  • the school is a single sex school and your child is the opposite sex
  • the school is only for students of a certain age and your child is too young or too old
  • the school only assists students with a disability and your child is not disabled.

Currently, private schools are generally exempt from anti-discrimination laws except for race discrimination laws. If your child is attending a private school and you believe the school has unlawfully discriminated against your child, you should get legal advice.

If you have a disability, schools must take reasonable adjustments to make sure your child is able to participate in courses and programs. Reasonable adjustments are things your school must do to help students with a disability to get an education on the same basis as a student without a disability.

The school must consult the student and/or parents about what kind of steps would be needed to help the student.

If you or your child has experienced unlawful discrimination at school, you should keep a record of what has happened. You may be able to complain to:

  • the school principal
  • your school’s regional director
  • the NSW Department of Education, if the school is a public school
  • the board of governors, if the school is a private school
  • the Catholic Education Commission, if your child attends a Catholic school
  • the Human Rights Commission
  • Anti-Discrimination New South Wales.

Time limits apply for making a complaint:

  • within six months of the discrimination if complaining to the Australian Human Rights Commission
  • within 12 months of the discrimination if complaining to Anti-Discrimination New South Wales.

If you or your child has experienced unlawful discrimination at school, you should get legal advice.

Contact us

If you have a legal problem in NSW, Legal Aid NSW is here to help you.

Human Rights Group

This service provides free legal advice, assistance and representation to eligible clients with human rights problems.

Discrimination Toolkit

This toolkit explains legal or non-legal avenues for people who have experienced discrimination, or community workers, advocates, and lawyers helping clients facing discrimination.